Adam H. Fleischer

Partner

Adam H. Fleischer is a member of the management committee at BatesCarey LLP with a national reputation for innovative advocacy in complex insurance and reinsurance coverage issues with respect to the pre-litigation, litigation and appellate stages. His experience spans a broad range of disputes across the United States involving Fortune 500 companies, and issues such as environmental and health hazard matters, managed care and medical device claims, construction defect claims, and public entity insurance challenges. In particular, Adam has represented his insurance and reinsurance clients in analyzing and evaluating many complex high profile cases, including matters such as:

Opioid Epidemic- as chair of the nation’s first Opioid Coverage Task Force, Adam is actively engaged in the insurance aspects of suits across the country against manufacturers and distributors of opioids, as well as serving as a frequent author and lecturer on this cutting edge topic;

NCAA concussion litigation involving class action claims by former athletes alleging that the NCAA failed to warn and protect against the risk of concussions and Chronic Traumatic Encephalopathy;

Sandusky molestation litigationinvolving claims against Penn State arising from its alleged involvement in failing to prevent child molestation by its former assistant football coach, Jerry Sandusky;

Sony hacking investigation involving allegations that Sony Pictures Entertainment's impending release of the movie The Interview made Sony the target of computer hacking, resulting in the release of sensitive corporate information

Chambers and Partners has honored Adam in its worldwide ranking of insurance coverage counsel, finding Adam “an exceptional attorney—intelligent and an excellent advocate.” In recent years, Adam was one of a handful of attorneys worldwide honored by their peers through selection to London-based Who's Who Insurance and Reinsurance. Adam was also recognized in the peer-nominated U.S News & World Report rankings of Best Lawyers in America in the area of Insurance Coverage. Adam has also been selected for recognition in the prestigious Leading Lawyers survey of top insurance attorneys, and has regularly been honored by his peers by being selected to Illinois Super Lawyers in the category of insurance coverage.

Representative Matters

Gage County v. Nebraska Intergovernmental Risk Management Association, Case No. CI 17-0339 (Lancaster County, NE) In a matter of first impression, obtained ruling for excess insurers that the date six wrongfully incarcerated individuals were first charged was the single date triggering their constitutional injuries, and that continuing constitutional wrongs into later insurance periods did not trigger new insurance for the $28.1 million malicious prosecution judgment.

Westport Insurance Corporation v. City of Waukegan, et al., 2017 WL 4046343 (N.D. Ill.) Achieved summary judgment ruling that insurer had no duty to defend or indemnify with regard to $8 million claim involving wrongfully incarcerated inmate whose second conviction took place during insurer’s policy period.

Westport Ins. Corp. v. California Casualty Management Co., Case 3:16-cv-01246 (N.D. Calif.) Represented insurer seeking equitable contribution against excess insurer of the Association of California School Administrators arising from $15.8 million paid to settle three school molestation claims. After addressing issues relating to lost policies, priority of “other insurance” provisions, and number of occurrences, the Court entered summary judgment and awarded equitable contribution of $2.6 million.

National Surety Corp. v. First Specialty Insurance Corp., 2016 WL 7057503 (N.J. Super. Ct.) appeal dismissed A-001554-16T1 (N.J. Super. Ct. App. Div.) Obtained summary judgment in favor of primary insurer establishing that the insurer could use its discretion to settle on behalf of one of two sets of Additional Insureds, and that doing so would extinguish the duty to defend all remaining insureds and Additional Insureds.

City of Marion, IL v. U.S. Specialty Insurance Company, and Case No. 12–cv–0999–SCW (S.D. Ill.) Summary judgment granted in favor of insurer holding that underlying claim against City for misuse of Tax Increment Financing funds did not present covered "loss". Insurer's initial acceptance of defense and subsequent denial without filing declaratory judgment did not estop insurer from later denying coverage for eventual underlying settlement.

South Campus Development Team LLC v. First Specialty Insurance Corporation, Case No. 11 (Cook County, IL) Summary judgment for insurer finding that construction defects and water intrusion into condominiums was not an "occurrence" or "property damage," and insurer that withdrew its defense without filing a declaratory judgment action was not estopped from challenging coverage.

UnitedHealth Group Incorporated v. Columbia Casualty Co., Case No. 05-1289-PJS (D. Minn.) Served as lead counsel in disputing an insurance claim by UnitedHealth to recoup over $450 million that UnitedHealth paid to reimburse it's subscribers' medical bills which had allegedly been systematically underpaid by UnitedHealth.